TNAG-0960-FCO40-1179-Legislation-for-merchant-shipping-in-Hong-Kong-1980 — Page 41

Amendment of section 56.

4. Section 56(1) of the principal Ordinance is

amended by deleting "granted under this Ordinance".

Explanatory Memorandum

Part VIII of the Merchant Shipping Ordinance

provides for the holding of a preliminary inquiry, and

the appointment of a marine court, to inquire into a

shipping casualty which occurs on or near the coasts of

Hong Kong. The Part does not apply where junks and

lorchas are involved in a shipping casualty because

the definition of "ship" in section 2 of the Ordinance

excludes from that definition junks and lorchas whether

mechanically propelled or not. The object of this Bill

is to extend the application of that Part to shipping

casualties involving local vessels.

Clause 2 therefore amends the definition of

ship" in section 2 of the Ordinance by excluding the

application of that definition for the purposes of

Part VIII, and clause 3 inserts in that Part a new

definition of "ship" to include every description of

vessel used in navigation. The provisions of Part VIII

are therefore extended to apply where, say, a British

ship is involved in a collision with a junk or any

other local vessel used in navigation. An inquiry may

be held in respect of the casualty and of any charge

of incompetency or misconduct on the part of the master

or crew of such local vessel, and the certificate of

competency (defined in clause 3). of such master cr